Advisory Opinion: 906

Year Issued: 1985

RPC(s): DR 5-101; RPC 1.7; 1.8

Subject: Representation of adverse party by lawyer's spouse

The lawyer worked for a firm that had a criminal defense contract and his wife was considering employment for the county prosecutor. In those cases in which you were personally representing a defendant and your wife was personally prosecuting that case, both DR 5-101 and RPC 1.8, effective September 1, 1985, require that you make full disclosure to both clients of the fact that the adverse lawyer is a spouse, and that after full disclosure the clients consent to the continued representation.

In those cases where another lawyer in your firm was representing a defendant, and another lawyer in the prosecutor's office was representing the State, there is no imputed disqualification of either lawyer, and there is no need to disclose the spousal relationship between you and your wife.

In those cases where either you or your wife is directly representing a party, but the other spouse is not involved in the case, the question of whether the spousal relationship must be disclosed depends upon the facts and circumstances and is governed by DR 5-101 and RPC 1.7.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.